2017 Council Elections Brochure

Transcription

1 2017 Council Elections Brochure

2 Candidates The following is a list of nominated and successfully endorsed candidates for the ELI 2017 Council Elections. The information was taken from the candidates nomination forms. The country named next to each candidate refers to their nationality, which may differ from their place of residence. Pictures of the candidates, their affiliations and statements of interests are published in the following pages. Yannis Avgerinos Francesco Avolio Elena Bargelli Yuri Biondi Robert Bray Christoph Busch Georges Cavalier Nikoloas Chatzinikolaou Mark Clough Mario Comba Andra Cotiga-Raccah Olga Cvejić Jančić Nada Dollani Anne Birgitte Gammeljord Athina Giannakoula Laura Guercio Paola Iamiceli Maria Kaiafa-Gbandi Ana Keglević Steffek Miklós Király Andries Klip Philip Moser Damjan Možina Pascal Pichonnaz Reiner Schulze Matthias Storme John Thomas Verica Trstenjak John Vervaele Friedrich Graf von Westphalen France France/Romania Serbia Albania Denmark Croatia Hungary The Netherlands Slovenia Switzerland Belgium Slovenia The Netherlands 1

3 Yannis Avgerinos Managing Partner at AVG Law; Lecturer at European Law & Governance School My interests and fields of study are within the areas of EU and business law and most specifically in banking, financial and competition law. I have served as a member of the Council since 2013 and actively participated as a member of the Project Team of the ELI Statement on Collective Redress and Competition Damages Claims, which was endorsed and published by the ELI in I expect to contribute further to the ELI s aims by actively participating in the EU, Business & Financial and Competition Law SIGs and also by trying to set up the Greek ELI Hub with my Greek Fellows. Finally, I have never missed a Council meeting, and, if elected, I aim to continue to be active in its decision-making processes. Francesco Avolio Team Coordinator at the International and EU Law Committee Council Bar of Naples The responsibilities and activities I have held over the last ten years have expanded my communication skills and my organisational competences. Indeed, experience as a lawyer gives me a complete oversight of a complex law firm that has to take into account national, European, international law and associated jurisprudence. I have been a member of the ELI since 2012 and I believe that this project is really fundamental for the development of all European institutions, also in the future and in a federalist way. For this reason, I consider this election as a real important occasion for the Institute; on the other hand I think that my personal working experience and related competences and capabilities, together with my natural disposition, could be of substantial interest for our Institute, in view of the need for more active participation of lawyers. Elena Bargell Professor of Private Law, University of Pisa In the past four years, I have been a member of both the Council and the Membership Committee. l actively attended all the Council meetings and shared in some important decisions, such as the establishment of SIGs. In addition, I have contributed by promoting the ELI among colleagues, courts and notaries. I am currently chairing the Member Consultative Committee for the ELI Project Empowering European Families and the Family and Succession Law SIG. This is a crucial time for the ELI which, given its recent establishment, needs to consolidate its prestige and its role as a leading institution in setting up new projects. I decided to stand for re-election for two main reasons. Firstly, because I have gained considerable experience and knowhow in these last four years which I would like to place at the disposal of the new Council in order to ensure continuity with the past. Secondly, because I would very much appreciate the opportunity to contribute to the ELI s future progress. 2

4 Yuri Biondi Senior Tenured Research Fellow at the National Centre for Scientific Research of France I joined the ELI network in 2011 and I am willing to bring forward my interdisciplinary experience and expertise to promote its further development. I was appointed to convene the ELI SIG on Business and Financial Law in A comprehensive understanding of the law and regulations in their interaction with economy, polity and society seems fundamental in the latter fields, including to improving our understanding of financial regulation and corporate governance. Robert Bray Former Head of Unit, Committee on Legal Affairs of the European Parliament I intend to engage actively in the work of the ELI. I am particularly interested in the projects on rules of civil procedure, European family law and dispute resolution, where I consider I could make a useful contribution to the excellent work which the ELI is doing. I have had long experience of legislating in a supranational context, as both a lawyer and a linguist. I am also keen on fostering relations with the European institutions, especially the European Parliament, both at the political and the administrative level. Christoph Busch Professor of Law, University of Osnabrück I would like to contribute to the development of the ELI as a facilitator for research and a platform for the exchange of ideas between academia and legal practice. In particular, I would like to contribute my experience from European research projects (eg the Acquis Group, the ELI Working Group on Online Intermediary Platforms) for further developing the ELI s project strategy. New fields of work could include such topics as blockchain platform and smart contracts. In these areas, the ELI could play a key role in opening up legal research into interdisciplinary cooperation between lawyers and experts from other fields such as data science or information systems research. In this perspective, the ELI could provide a valuable contribution to the digital transformation of European law by building a bridge between law and technology. Georges Cavalier France Maître de Conférences, HDR, University of Lyon I am currently directing research with the ELI in search of proposals to be submitted to the European Parliament, within the Common Consolidated Corporate Tax Base project ( CCCTB ). The CCCTB was proposed by the European Commission years ago with the aim of establishing a common system for calculating the profit tax base of businesses operating in the EU. It was launched again at the end of Comparative tax law within the EU is therefore becoming a vital tool to study and stimulate European legal development in a global tax context. As a former national reporter to both the International Academy of Comparative Law and the International Fiscal association, I could help to evaluate and stimulate this new development of EU tax law. Therefore, and according to my expertise in the area, I look forward to working with the ELI on new projects surrounding this topic and advancing the ELI s portfolio in this very important direction. I would also like to help diversify the ELI s membership, as it will be important to attract new members dealing with this area of law and I certainly look forward to proposing future members. 3

5 Nikolaos Chatzinikolaou Criminal Defence Attorney, Researcher at the Research Committee of Aristotle University My academic interests include the criminal treatment of aliens (the expulsion of an alien as a criminal law sanction, the criminal suppression of illegal migration, human trafficking) as well as the tackling of corruption by the means of criminal law, along with the money laundering legislation, a field that I deal with on a daily basis as a criminal defence attorney, specialising in white collar crimes. has been confronted by significant challenges in both fields over the last decade. Its timeless cultural asset of being located at the Mediterranean crossroad explains the flow of migrants and refugees whose intention often challenges European legal culture s fundamental principles. At the same time, the financial crisis in the Eurozone followed by the financial system s liquidity crisis were linked with the rise of financial crime and corruption in the public sector in a way that, sometimes they are considered as the sole cause of the country s fiscal collapse. Consequently, criminal law is being put into question since the continuous tightening of the relevant legal framework undermines a more sophisticated approach that could correlate the prolonged instability with deeper social structures and the potential deficits of global system s architecture. As there are enduring international and European initiatives in both fields, my involvement in this Council could contribute to the relevant discussions. Mark Clough Senior Counsel, Dentons Europe LLP I believe I have sufficient knowledge and experience to assist the ELI as a member of the Council in pursuing the objectives of the ELI and representing the interests of all ELI Fellows and ELI associations, especially during the Brexit years. In particular, I will work hard to support the ELI to achieve its policy objectives of diversity and contributing to the debate on current legal issues of immediate and future relevance to Europe. In this context, it will be necessary to spend time and effort to support the work of the Fellows and the Council in Project Teams with regard to the improvement of EU law, the operation of the political institutions and the role of the EU Court of Justice at the EU and national levels. At the same time the ELI will need to work with other international bodies in Europe such as the Council of Bars and Law Societies of Europe (CCBE), the Association of European Bars and Law Societies, of which I have direct experience during the last three years. I confirm that I will have sufficient time and inclination to devote to the ELI, if I am elected to the Council. Thank you. Mario Comba Professor of Public Comparative Law, University of Torino; President of the University Institute of European Studies, Torino; Lawyer European law has always been at the core of my interests, both as a professor and as a lawyer. The ELI s approach to the development of EU law, joining academics, judges, lawyers and other legal professionals seems to me one of the more precious features of the association. I expect to contribute to the ELI along these lines; that is fostering the synergy among the various professional perspectives of ELI members, to distil the essence of European law through continuous debate about the academic, the judicial and the professional components of the Institute. I believe that it is necessary to intensify the initiatives of the Institute in the areas of public law (constitutional and administrative law) to fully pursue the ELI s aims. The SIG on Administrative Law and the presentation of the ReNEUAL study on administrative procedure are first steps in this direction, 4

6 but more can be done in the future on the basis of what has already been achieved. The constitutional traditions common to the Member States, give us a unique occasion to enhance the implementation of EU constitutional law, through the cross-integration of EU law with national constitutional laws, by exploiting the potential of comparative analysis, with a view to further developing the acquis to strengthen the foundations of Europe. As coordinator of the Italian ELI Hub, I have realised that its principles and its network are formidable collaborative tools which are more than ever needed in today s Europe. Andra Cotiga-Raccah France/Romania Professor of Law, Université Catholique de Lille, France I will engage as an active member of the ELI s Council by taking part in ELI meetings and by representing the ELI through my academic activities. I will do my best to improve the ELI s visibility, especially in France where I conduct a major part of my work. In this respect, one of my main goals will be to gather a majority of academics and practitioners to take part in and to support ELI projects. I will also get involved in the research work of the ELI by taking part in projects and in different ELI SIGs. I am already currently involved in the Business and Financial Law SIG as a coordinator of the group. Olga Cvejić Jančić Serbia Member of the Commission for Drafting the Civil Code I am interested in family law, child law and family planning, inheritance law and in any research project of the ELI that can contribute to the improvement and modernisation of those fields of law; in promoting the ELI at universities, bar associations and courts in my country in order to ensure that more interested individuals and organisations join the ELI; and in the creation of an ELI Hub in Serbia in the near future. Nada Dollani Albania Professor of Law, University of Tirana My primary interest lies in European private law. For years I have worked in implementing and integrating European regulations into my own legal system. Taking part in several regional initiatives aimed at improving legal systems and legal education in the region of South Eastern Europe (SEE) has always triggered my interest in the wider European context. This is why I am highly motivated and committed to contributing to a better legal integration in Europe. Enhancing the visibility of the ELI in SEE countries and connecting the ELI further to the various successful regional legal networks and institutions, such as the South East European Law Schools Network would be part of my contribution to the ELI Council. Beyond this, I look forward to contributing to this inspiring institution more actively in its governing body, the ELI Council. Anne Birgitte Gammeljord Denmark Partner, Kierkegaard & Malby; Founder, Gammeljord Advokater I have been involved with the ELI since 2011 and have participated in the work of, for example, the Membership Committee for some years now. In my opinion the work undertaken by the ELI is very important for the continuing development and rooting of European legislation in EU Member States and I believe that I can, with my European experience, contribute to the ELI s aims. 5

7 Athina Giannakoula External Associate, Aristotle University Thessaloniki; Lecturer, National School of Judges My field of interest lies mostly with EU criminal law, a field of law currently developing and gaining importance. As the EU has stepped up and become a major actor in constructing and implementing criminal policy, it faces the challenge of fighting crime more efficiently, but also of expressing its own stance towards fundamental European principles and values. In view of the serious common threats that have emerged in the territory of the EU, there is need to invest further in this area and contribute to improving the practical effectiveness of intensified judicial cooperation in a balanced manner. Captivated by the uniqueness and the complexity of the subject, I have concentrated my work on EU criminal law since the early stages of my research and my PhD, watching it from up close evolve as a system, and more recently officially evaluating its application in my country. Participating in the ELI Council would be a great honour and would constitute a huge responsibility for me as I would eagerly work on the Institute s projects and persuing its aims. Laura Guercio Secretary General of the Inter-Ministerial Committee for Human Rights, Italian Ministry of Foreign Affairs; Italian Agent of the Management Board of the EU Fundamental Rights Agency I do believe that since 2011 the ELI has been playing a very important role in the EU legal and social framework, contributing to overcoming gaps between different legal cultures and in stimulating the development of EU law. This role seems to be more important now, at a time in which the EU needs to enhance its role in order to face important challenges such as migration, fundamental rights protection, terrorism, EU criminal justice, etc. I would like to give my support to the very relevant work the ELI is carrying out. Specifically, it would be an honour for me to work with other ELI friends and colleagues in order to implement and support the action by the EU on fundamental rights protection and criminal justice. I believe that in these fields, the greatest challenge now is to enhance our European culture of the rule of law and the defence of fundamental rights. For this purpose, I consider very important the comprehensive and collaborative working method adopted by the ELI that, to my knowledge and experience, I d be happy to support. Paola Iamiceli Professor of Private Law, University of Trento Joining the ELI in 2012 and the ELI Council in 2013 has provided me with a unique experience in terms of involvement into a multicultural, inter-professional and truly European community. Being part of the Working Group on Digital Sales, chaired by Lord Thomas, I had the chance to contribute to a stimulating debate on the lights and shadows of EU contract law. The experience gained in the ELI Council and Assembly has reinforced my willingness to be an active participant of this community with a view to a wider and deeper dialogue among the several constituencies of jurists in the EU context: from academics, which I am part of, to judges, notaries, barristers, solicitors, legal counsellors in the private and public sector. Within my capacity and with the support of the ELI and ELI national Hubs, including the recently established Italian Hub, my commitment is aimed at contributing to the enhancement of this dialogue, envisioning a wider involvement of practitioners and institutional stakeholders in the process of project design and assessment of the ELI s action within EU boundaries and beyond. 6

8 Maria Kaiafa-Gbandi Professor of Criminal Law, Aristotle University Thessaloniki Since the EU s dynamic participation in criminal law appeared, my commitment to the field has been uninterrupted, constantly trying to provide beneficial outlooks for the European and the national legislator and the criminal justice system in practice. As of 2007, my efforts also include the establishment and promotion of collective actions. Such examples include: the establishment, along with Professors Η Satzger and P Asp, of the scientific group European Criminal Policy Initiative, through which we have processed and published works of pivotal importance on EU legislation; the establishment and my participation in the editorial board of the European Criminal Law Review ; my nomination as a member of the Expert Group of the EU Commission on European Criminal Policy, where I am trying to contribute to the increased needs for scientific support to the EU legislative work. I consider these activities proof of my unremitting interest in ensuring that the scientific work I am skilled to offer in the field of European Criminal Law is beneficial to the EU, as well as everyone involved in the future development of this field within a globalised network of national legal orders. This is why I would like to offer to ELI my support, for a field of law that needs our special attention, as I have tried to do util now, by gaining new members for it from the field of criminal law, supporting ELI project actions related to criminal law, contributing to its relations with the ALI etc. Ana Keglević Steffek Croatia Senior Lecturer in Law, Anglia Ruskin University, I have been an active member of the ELI Council and ELI Membership Committee since I actively contribute to the work of the Council including ELI Statements and other ELI Instruments. As a member of the Membership Committee, I participate in the approval of membership applications, negotiations with Institutional Observers and in the process of finding new members. Together with my colleagues I co-hosted the ELI General Assembly and the ELI Council Meeting held in Zagreb in My intention is to remain an active member of the Council and the Membership Committee. I am prepared to effectively engage in the decision-making processes of the Council and ELI projects. I will remain enthusiastic in finding new members, participating in ELI publications and organising conferences. In particular, I aim to develop further institutional relations with relevant institutions in Europe by combining my South-Eastern European connections and my ties with the. I believe this matters especially in the Brexit negotiation phase ahead of us. I hope my re-election will contribute to the continuity of the work of the ELI Council. I would be grateful for your support. Miklós Király Hungary Professor; Head of Department of European Economic Law and Private International Law, Eötvös Loránd University I am interested in the harmonisation of contract law and private international law. Being a member of UNIDROIT s Governing Council, I could support the co-operation between the ELI and UNIDROIT. I think it is important for the ELI to be well represented in the new Member States of the EU. Recently, my colleagues and I have started preparing to set up a Hungarian Hub. 7

9 Andries Klip The Netherlands Professor of Criminal Law and Criminal Procedure It was a great honour for me to be part of the team that prepared the first instrument that has been approved as an Instrument of the European Law Institute: Prevention and Settlement of Conflicts of Exercise of Jurisdiction in Criminal Law in This project exemplified what the ELI stands for: to create a platform of ideas, to cross borders of legal fields and to further European integration through cooperation among the various stakeholders. Having had the experience of being a reporter for the ELI, I also wish to contribute to furthering its goals as a member of the ELI Council. I strongly believe that cooperation across the limits of one s own expertise will create the synergies from which many sides will profit. Being both an academic and a practitioner, I see the advantages of that on a regular basis. As a member of the Council I would like to contribute to making the ELI more impactful on the policy choices of the EU. I would also like to invest in relations with similar organisations in other parts of the world, such as the American Law Institute. Philip Moser QC Queens Counsel; Founding Member of the ELI I have studied, taught and practised European law for 30 years and am a founding member of the ELI. Being based in the in the time of Brexit, I consider that an understanding of European law and the need for cross-border cooperation are more relevant than ever before. I intend to use my extensive experience in European legal organisations, both in the and Europe-wide, in order both to inform the work of the ELI and to ensure that the ELI s work may be given practical effect in London and Brussels at this critical time. Damjan Možina Slovenia Ordinary Professor of Civil and Commercial Law, University of Ljubljana I am very interested and moderately enthusiastic about the Europeanisation of Private Law. Perhaps even more important than the (EU) legislative action is the Europeanisation of legal science and education. This is where I see the role of the ELI, as a platform for discussion and research. I expect to contribute to the ELI s aims by representing the views of the smaller and younger Member States. Pascal Pichonnaz Switzerland Dean of Law and Ordinary Professor, University of Fribourg I have a keen interest in the status and the evolution of European law, with a specific focus on European consumer law and contract law. With a habilitation on set-off from a historical and comparative perspective (2002), I feel the need to develop a comparative perspective in European law that takes into account the various legal traditions in order to respect diversity despite a need to some degree of convergence. The ELI appears to me as an appropriate gremium to produce research and present positions that will help to go beyond black-letter rules projects and give a truly comparative understanding of issues that we share in Europe. Having a multilingual background, including in law, and coming from a country outside of the European Union, but geographically and economically in the middle of it, I want to contribute 8

10 to give a specific dynamic to the ELI towards taking into account the cultural and linguistic issues in the greater picture. I have also published a comparative book on set-off (OUP, 2014), applying a more comparative perspective in such a difficult subject. I will also put at the ELI s disposal my experience in many European endeavours, including the European Law Faculties Association, which I chaired in I have energy to contribute to the evolution of the ELI. Reiner Schulze Professor and Director of the Centre for European Private Law, Westfälische Wilhelms-Universität Münster The EU is at a turning point in light of the current political and technological developments, and accordingly the future of EU law requires increased involvement from associations like the ELI with its experiences of various legal traditions. The success of European law requires input and feedback from legal scholars and practitioners for which the ELI offers an ideal platform for the exchange of ideas. In turn, ensuring the ELI s success relies upon members who are not only experienced in European and international approaches but who are also aware of the different political, legal and historical sensitivities also at national level in order to produce viable results which could solve present and future issues and provide a lasting contribution to European development. As a member of the Council I would like to bring the experiences I have gained from academic work and work in practice through my involvement in a number of legislative projects at European and national level and through my work as a judge. During the past years as co-director of the Digital Law SIG I have actively sought to develop a platform to allow the ELI to contribute to the future of European law in the Digital age. In remaining a member of the ELI Council I would particularly seek to further the work in this decisive area of law in order to ensure that ELI secures a long-term position as a valuable European and international resource. Matthias Storme Belgium Professor of law, KU Leuven, Belgium; Member of the Bar, Gent I believe that I have been an active member of the ELI since the beginning, by helping to start the ELI-UNIDROIT project in civil procedure and the Business Insolvency Project; I participated actively in the sales law Statements and some other ELI Instruments. I plan to remain as active as before in ELI projects in the field of private law, to continue to find new members, to help the ELI in its publications and organisation of conferences. I could also be of help for organisational matters; as ELI is incorporated under Belgian law it is thus useful to have a Belgian lawyer in the Council. Lord John Thomas Lord Chief Justice of England and Wales 9 I participated in the work that led to the foundation of the ELI and was a founding Fellow. I was Chairman of its Working Party on the Common European Sales Law and its successor on digital sales from The Working Party organised an initial conference, produced a report in draft, discussed it with the institutions in Brussels, finalised the draft and with the approval of the Council published it as a Statement of ELI. Several of its recommendations were adopted in a report by the European Parliament s Legal Affairs (JURI) Committee. The Working Party then produced a second statement dealing with digital sales, digital content and cloud computing, concluding its work at the conference in Ferrara in September I have continued to work with the ELI in wider areas of digital technology; I spoke at a conference and chaired a panel in Hull in March 2017 and continue to be engaged in other work related to this hugely significant development of the law. I will have more time to do so after I relinquish the position of Lord Chief Justice in October 2017.

11 Verica Trstenjak Slovenia Professor of European Law, University of Vienna; External Scientific Member of the Max Planck Institute Luxembourg My aims are: to be active in the research projects of the ELI; to promote (as a former Advocate General) cooperation between the ELI and the Court of Justice of the European Union (CJEU); to organise lectures and conferences with the ELI (together with the University of Vienna and the European Law Faculty, Slovenia); to promote the ELI at conferences and at other universities to intensify the collaboration with Max Planck Institutes, especially with the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. John Vervaele The Netherlands Professor of Economic Criminal Law and European Criminal Law, Utrecht Law School; Professor in European Criminal Law, College of Europe (Bruges); President of the Association International de Droit Pénal, Paris, France As in the past period, I would like to contribute to the substantive work of the ELI with input from the EU-criminal justice and human rights dimension. In the area of liberty, security and justice there are plenty of topics that need further regulatory and enforcement action by the EU and its Member States. Moreover citizens expect from the EU that it contributes to their security and prevents and punishes crime in an effective way. Second, as in the past I would like to contribute to the institutional functioning of the ELI and to its societal impact in the EU. Friedrich Graf von Westphalen Honorary Professor, University of Bielefeld; Off-Counsel, Friedrich Graf von Westphalen In view of my expertise in European private law and my past involvement with the ELI as a Founding Member and Council Member, I will certainly be able to contribute to the work of the ELI. 10